Some war protestors jailed; others set free

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Secretary of State Condoleezza Rice, right, is confronted by CodePink member Desiree Anita Ali-Fairooz, her hands painted red, as Rice arrived on Capitol Hill.
Photo: AP

As Desiree Fairooz sat with her Code Pink colleagues waiting for lawmakers and Secretary of State Condoleezza Rice to arrive for a recent House committee hearing, she had no plans, she said, to get arrested. “I already had a case pending.”

But she couldn’t resist the opportunity when Rice walked in nearly unguarded, and she rushed the Cabinet member with fake blood on her hands. As Fairooz was being hauled from the room, Capitol Police arrested two other women who’d been sitting near her but hadn’t done anything yet.

One of the enduring images of Capitol Hill culture is the anguished protester being hustled by authorities out of a congressional hearing room, often hurling insults at scowling lawmakers as they leave. But this familiar scene is shrouded by a couple of Washington mysteries: What triggers an arrest? And what happens next when someone gets busted?

As it happens, there’s no simple answer to either question. Capitol Police say they give wide discretion to individual officers on whether an evicted protestor gets arrested. Protestors say arrests seem based on whim, rather than any consistent policy. The same goes for what follows: Sometimes protestors are let go with a fine. Sometimes they spend the night in the slammer. Sometimes they are simply taken to the hallway and told to beat it.

Protest on Capitol Hill, it turns out, is a crapshoot.

More and more people are willing to take the odds, as a prolonged and unpopular war is producing a surge in civil disobedience on the Hill.

For decades, disruptions came from a broad group of complainants and were generally one-shot affairs — against a vote here, a confirmation there, said Mark Goldstone, a First Amendment attorney who has represented Capitol protesters in several precedent-setting cases.

Over the last several years, said a half-dozen Capitol Police officers, the anti-war group Code Pink has largely dominated the congressional heckling scene. Other anti-war activists occasionally get arrested, as do protesters with single-issue groups, said Melissa Merz, a spokeswoman with the D.C. Office of the Attorney General. But none approach Code Pink’s level.

“Code Pink — that’s it,” said one officer. “It’s just them,” said another. “That’s all I’ve ever seen,” said a plainclothes officer.

The group’s ubiquitous presence and the Democrats’ takeover of Congress have brought uncertainty to the proceedings. “The Capitol Police are looking for direction from the committee chairs and it’s been all over the map,” said Goldstone. “The old rules used to be that if you did anything you’d be hauled out and most likely prosecuted. It’s not an absolute certainty [anymore] that you’ll be arrested or prosecuted. The rules are definitely changing.”

Democratic committee chairmen are often sympathetic to the protesters’ causes, he said — a claim backed by several Capitol Police officers. “They don’t want to act like they’re totally against them, but there are rules,” said an officer in the Rayburn House Office Building.

What those rules are, exactly, remains in question. Capitol Police Sgt. Kimberly Schneider couldn’t shed much light on the arrest policy. “That’s kind of tricky,” she said when asked what it takes to get collared, saying that officers have much discretion.

Said four-time arrestee Fairooz: “We all are discombobulated.”

Take the polar bears. In late October, protesters in white bear suits danced and sang outside House office buildings to protest inaction on global warming. The experienced group was trying to avoid arrest. “We’d do as much as we could and as soon as the police said ‘move’ or ‘leave,’ we moved and wandered around” outside the various buildings, said organizer Adam Eidinger.

It didn’t work. The police said, “‘Hell with it, arrest them,’” figured Eidinger, who was hauled off to jail with other polar bears.

Or take Code Pink’s Mona Hall, who was jailed for shouting at Army Gen. David Petraeus when he testified on Capitol Hill in September. Lydia Vickers, clad in a pink cape, stood on a chair yelling at the general, but she wasn’t arrested.

Readers' Comments (9)

Well, CodePink in not as bad as those Republican supporters who are members of a church that pickets the funerals of military personnel killed in Iraq and Afghanistan, carrying such signs as "God hates ***s" and "Thank God for dead soldiers". The Republican Party let in the Christians lunatic fringe and now this is what the get. It is monster as compared with CodePink.

Well, CodePink in not as bad as those Republican supporters who are members of a church that pickets the funerals of military personnel killed in Iraq and Afghanistan, carrying such signs as "God hates ***s" and "Thank God for dead soldiers". The Republican Party let in the Christians lunatic fringe and now this is what the get. It is monster as compared with CodePink.

I don't agree with what CodePink did in this picture but it no longer matters, like Pakistan they will take the lawyers first. We tried to warn you but oh well, see you in the clink. I might want to take a free shot at you all myself for selling my country down the Mukasey River. Ha give me a stick, it looks like fun, you fools. Schumer and Feinstein will be first.

The older I get the more I realize that the so-called right to protest we have is more like a right to protest where noone can see or hear you as long as it doesn't offend, disrupt, anger, inform, or effect anyone in any way at any time.

As far as I'm concerned, as long as it's non-violent, it should be allowed. If it's disrupting a comitee meeting or a session of congress they should be removed, but not jailed. I mean protest is one of the only ways we have of reminding those working for us that we are watching and their job is to do what we want them to do. That shouldn't be abridged based solely on police discretion. (On that note I don't think there should be much left up to police discretion at all. I just don't entirely trust anyone who applies for a job where they give you a fast car and a gun with a two year degree to have the rational faculties to make valid judgements on a grand scale regarding my rights.)

Ardie said: "Well, CodePink in not as bad as those Republican supporters who are members of a church that pickets the funerals of military personnel killed in Iraq and Afghanistan, carrying such signs as "God hates ***s" and "Thank God for dead soldiers".

Phelps has frequently run for public office -- for governor in 1990, '94, and '98, for the Senate in '92 -- always losing the primaries by a landslide. Because of their years as loyal Democrats, the Phelpses have even been invited to -- and attended -- both of Clinton's inaugurations. http://www.motherjones.com/new...

Ardie said: "Well, CodePink in not as bad as those Republican supporters who are members of a church that pickets the funerals of military personnel killed in Iraq and Afghanistan, carrying such signs as "God hates ***s" and "Thank God for dead soldiers". The Republican Party let in the Christians lunatic fringe and now this is what the get. It is monster as compared with CodePink." (I'm new at this and haven't figured out how to use the "quote" function.) For the record, Rev. Phelps is a registered Democrat and has been for quite some time. I cannot vouch for the party affiliations of his followers. He got first recognition in the early days of the Civil Rights movement, promoting equal rights for African-Americans. Yes, I live in Topeka and yes, the majority of the citizens of this city view Rev. Phelps and his church as a blight on Topeka. His hate and homophobia know no party lines and therefore I don't feel that no rational political party head would even consider asking Phelps to hitch his wagon to their party platform(s.) From what I've read, the woman in the picture with Secretary Rice asked the Secretary how she felt having the blood of millions of Iraqis on her hands. Millions? Hardly. Thousands? Obviously. The look of sheer hysteria on the face of the Code Pink protester mirrors the hysterial approach of the Code Pink organization itself. Secretary Rice remained cool and calm until the protester was removed. Enough said. Thanks for reading.

On November 6, in the Senate Dirkson Building, 7 CodePink activists watched the Mulcasey vote and senators' comments. We were only permitted standing space in the hearing room and allowed to hold up our small pink signs. (The room was wierdly configured. Staff sat in the dias and the senators at tables arrayed in a square. The rest of the room was for staff and press only with just a small corner for the public). Police stayed right with us. A California constituant of Sen. Feinstein's called followingr her statement that she should be ashamed for supporting the nomination. He was hauled out and arrested.

Later, after viewing Rep. Kucinich's floor statement calling for HRes 333 for Cheney's impeachment, I went to Rayburn to thank him (outside his press conference). While waiting, I was joined by a couple of press, then SEVEN Capitol Police, then a few other supporters (never over 11) and eventully SEVENTEEN CAPITOL POLICE (the maximum at one point). We were there, of course, to simply say thank you to Rep. Kuciinich. The police threatened one New York activist, (probably under 5 feet tall) with arrest, saying she was Deseree Farooze, who is close to 6 feet tall. The two look nothing alike. Another activist took a photo of the mass of police and the chief officer called for his arrest! Other arbitrary orders and chats were provided to control our quiet little group.

We're assuming the police either feel their jobs are in jeopardy if another incident occurs or they need the overtime. I understand the official concern -- but 17 police assigned is absurd and led to overbearing authoritarian moves that should be reconsidered. We are people of peace and nonviolence. We use signs, our voices, and our clothing to protest this illegal occupation that has deciminated our democracy and our standing in the world. If we're all in jail or on official stayaways the halls and hearings will be silent most of the time.